HomeMy WebLinkAboutItem #08 First Reading of Ordinance - Homes in Partnership, N Lakewood Avenue ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 15, 2015
Item # (63
Reviewed By:
Contact Name: Mike Rume rnr Department Director:
Contact Number: (407) 905-3100 x 1018 City Manager:
Subject: Homes In Partnership- N Lakewood Ave
Annexation and Rezoning
Project No(s): AX-05-15-54 & RZ-15-05-06
Commission District#1 —Vacant
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinance for Annexation and the Initial Zoning
(R-1)for the Homes in Partnership N Lakewood Ave Properties?
BACKGROUND:
General Location: The subject properties are located on the west side of N Lakewood Ave and 13th Avenue. The
three parcels are contiguous.
Parcel Identification Number(s): 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08-22-28-5956-12-080
Physical Address: Not Addressed
Property Size: +1- 0.52 acres. Two lots are 7,500 square feet and one is 7,750 square feet
Actual land use, proposed land use and unique features of the subject property: The three parcels are vacant.
The future land use of the subject property
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/ Low Density City of Ocoee/Low Density
Use-Joint Planning Area Residential Residential
Land Use Classification (@ Less than 4 dwelling units/acre) (@ Less than 4 dwelling units/acre)
Jurisdiction/Zoning Orange County/"R-2" City of Ocoee/"R-1"
Classification "Single-Family Dwelling" "Single-Family Dwelling"
City Commission Meeting Date:September 15,2015
Project: Homes in Partnership N Lakewood Ave
Project Number(s): AX-05-15-54&RZ-15-05-06
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Orange County/ Low Density Orange County/"R-2"
Residential
East Orange County/ Low Density Orange County/"R-2"
Residential
South Orange County/ Low Density Orange County/"R-2"
Residential
West City of Ocoee/ Low Density Ocoee/ PUD-LD
Residential
Consistency with State & Local Regulations:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an
enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the west side.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning
Area (JPA) and is being considered for annexation as outlined in the JPA Agreement.
Rezoning: City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is
consistent with the zoning of the adjacent Orange County properties. According to the Land Development Code,
the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density
Residential". The R-1 zoning designation is consistent with the adopted future land use designation of Low
Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in
part, "The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...."
[Emphasis added].
Annexation Feasibility & Public Facilities Analysis Report (See attached): Annexation Feasibility & Public
Facilities Analysis Report (See attached): Because the property is part of an enclave in the City, it already
benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and
the annexation meets state and local regulations.
Development Review Committee (DRC) Recommendation:
On August 12, 2015, the DRC met to determine if the proposed annexation and rezoning was consistent with the
City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend
approval of the annexation and rezoning for the Homes in Partnership N Lakewood Ave Properties.
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City Commission Meeting Date:September 15,2015
Project: Homes in Partnership N Lakewood Ave
Project Number(s):AX-05-15-54&RZ-15-05-06
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed annexation and rezoning on August 26, 2015. City
Staff presented a brief summary and overview of the requested actions. After finishing its deliberations, the
Planning & Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend
approval of the Annexation and rezoning to R-1 of Homes In Partnership N Lakewood Ave Properties.
Recommendations
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation Ordinance and Rezoning Ordinance of the +/- 0.52
acres known as the Homes In Partnership N Lakewood Ave Properties, with an Initial Zoning classification of"R-
1".
Attachments:
Annexation Feasibility Analysis
Location Map
Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Financial Impact: None
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S):AX-05-15-54 & RZ-15-05-06
APPLICANT NAME: HOMES IN PARTNERSHIP
PROJECT NAME: N LAKEWOOD AVE ANNEXATION AND REZONING
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
I. PLANNING DEPARTMENT Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): Homes in Partnership
B. Property Location
1. General Location: The subject property is located on the east side of N
Lakewood Ave and on 13th Ave.
2. Parcel Identification Numbers: 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08-
22-28-5956-12-080
3. Street Addresses: N/A
4. Size of Parcels: Total +/- 0.52 acres, two parcels are 7,500 square
feet and one is 7,750 square feet
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Single-Family Residential Development
3. Density/ Intensity: Not to exceed 4 dwelling units/acre
4. Projected Population: 9
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential
2. Orange County Zoning: R-2
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R-1
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Chief J. Miller
1. Estimated Response Time: 2-4 minutes
2. Distance to Property: 2 Miles (Fire Station 38)
3. Fire Flow Requirements: N/A
III. POLICE DEPARTMENT Chief Charlie Brown
1. Estimated Response Time: 2-4 minutes
2. Distance to Property: N/A, Property is located in a patrol zone
Page 1 of 1
Applicant Name: Homes in Partnership
Project Name: Lakewood Avenue Annexation and Rezoning
Case#:AX-05-15-54&RZ-15-05-06
3. Average Travel Time 4 minutes
IV. ECONOMIC VALUE Michael Rumer, City
Planner
1. Property Appraiser Taxable Value: $14,000 each
2. Property Appraiser Just Value Same as above
3. Estimated City Ad Valorem Taxes: Unknown
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: $6,640.00
6. Total Project Revenues: Unknown
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Potable Water
3. Extension Needed: No
4. Location and Size of East side of N Lakewood Ave
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of 12 Inch Force on N Lakewood Ave at Klinger Ct.
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: Yes for Potable Water
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
Page 2 of 2
Applicant Name:Homes in Partnership
Project Name:Lakewood Avenue Annexation and Rezoning
Case#:AX-05-15-54&RZ-15-05-06
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City
Planner
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists; however, this condition
B. Parks / Recreation: may change and will be subject to a concurrency evaluation during the
subdivision plan approval process.
At this time, adequate water and sewer capacity exists; however, this
C. Water/Sewer: condition may change and will be the subject to a concurrency evaluation
during the subdivision plan approval process.
The applicant will be required to handle the stormwater on-site, according to
D. Stormwater: the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
E. Solid Waste: change and will be the subject to a concurrency evaluation during the site
plan approval process.
F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits.
Lots are vested from concurrency.
G. Public School
IX. SITE SPECIFIC ISSUES Michael Rumer, City
Planner
All lots are undeveloped.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City
Planner
This property is contiguous with the City Limits and will reduce the area of an enclave; therefore
this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
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ORDINANCE NO. 2015-016
(Annexation Ordinance For Homes in Partnership N Lakewood Ave)
TAX PARCEL ID#s 08-22-28-5956-12-050, 08-22-28-5956-12-070, &
08-22-28-5956-12-080;
CASE NO. AX-05-15-54: Homes in Partnership N Lakewood Ave Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.52
ACRES LOCATED ON THE WEST SIDE N LAKEWOOD AVENUE AND
ON THE SOUTH SIDE OF 13TH AVE; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex approximately 0.52 acres of property as more particularly described in
Exhibit"A"hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said application petition
bears the signatures of all owners of the real property proposed to be annexed into the corporate
limits of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter
180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real
property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive
Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with
the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to
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the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044,
Florida Statutes, to annex said real property into its corporate limits upon petition of the owner of
said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the
boundary lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
SECTION 3. Annexation. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
A map of said land herein described which clearly shows the annexed area is attached hereto as
EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. A map of said land herein described which clearly shows the annexed area
is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. Consistency Finding. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
SECTION 6. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
SECTION 7. Official Maps. The City Clerk is hereby authorized and directed to
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update and supplement official City maps of the City of Ocoee, Florida, to include said land
herein described and annexed.
SECTION 8. Liability. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
SECTION 9. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 11. Effective Date. This Ordinance shall take effect upon passage and
adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County,
Florida and with the Florida Department of State within seven(7) days from the date of adoption.
PASSED AND ADOPTED this day of , 2015.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk John Grogan, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2015.
READ SECOND TIME AND ADOPTED
,2015 UNDER
AGENDA ITEM NO.
-3-
EXHIBIT "A"
-4-
EXHIBIT "B"
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Lakewood Ave. Location Map
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ORDINANCE NO. 2015-017
(Rezoning Ordinance For Homes in Partnership N Lakewood Ave)
TAX PARCEL ID # 08-22-28-5956-12-050, 08-22-28-5956-12-070, &
08-22-28-5956-12-080;
CASE NO. RZ-15-05-06: Homes in Partnership N Lakewood Ave Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-2, "LOW
DENSITY RESIDENTIAL" TO OCOEE R-1, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.52 ACRES LOCATED ON THE WEST SIDE N
LAKEWOOD AVENUE AND ON THE SOUTH SIDE OF 13TH AVE;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE
JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located within
the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission of the City of Ocoee, Florida(the "Ocoee City Commission")to
rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing approximately
0.31acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R-2, "Low Density Residential," to Ocoee R-1, "Single Family
Dwelling;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the"JPA Agreement");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
WHEREAS,pursuant to the provisions of Section 6(B)of the JPA Agreement,the City has the
authority to establish zoning for the real property hereinafter described and to immediately exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS,the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163
and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 0.52 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-2,
"Low Density Residential,"to Ocoee R-1, "Single Family Dwelling;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the area
of Rezoning, is attached hereto as Exhibit"B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JPA Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by
this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official
Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the
Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
2
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2015.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk John Grogan, Mayor
(SEAL)
ADVERTISED ,2015
READ FIRST TIME ,2015.
READ SECOND TIME AND ADOPTED
,2015 UNDER
AGENDA ITEM NO.
3
EXHIBIT "A"
4
EXHIBIT "B"
Homes in Partnership Annexation
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